Legal Opinion

Yazoo & Mississippi Valley Railroad v. Slaughter

Mississippi Supreme Court

Decided March 15, 1908PublishedCited by 3 opinions

From tbe circuit court of Olaiborue county. Hon. Thomas G. Birghett, Special Judge. Slaughter and wife, appellees, were plaintiffs in the court below, and the railroad company, appellant, was defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. The appellees sued the railroad company for recovery of damages because of the death of their infant son, Thomas Slaughter, who was drowned in a water tank of the railroad company.

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From tbe circuit court of Olaiborue county. Hon. Thomas G. Birghett, Special Judge. Slaughter and wife, appellees, were plaintiffs in the court below, and the railroad company, appellant, was defendant there. From a judgment in plaintiffs’ favor the defendant appealed to the supreme court. The appellees sued the railroad company for recovery of damages because of the death of their infant son, Thomas Slaughter, who was drowned in a water tank of the railroad company. Louis W. Slaughter, one of the appellees, -was an employe of the railroad company, having charge of the company’s p.ump house…

1Opinion of the Court

Wiiiteield, C. T.,

delivered the opinion of the court.

The determining question in this cause is whether the unfortunate little boy who lost his life fell into the tank through the rotten roof at the time when he was engaged in and about his master’s business, or at a time wholly disconnected from *298any engagement about bis master’s business, when be was engaged solely in amusing himself on the roof of the tank. The crucial question is when, exactly, did he fall through this roof to his death, and what was he engaged in doing at that time ? On the one hand, it may be said to be clear that he was…

2Cited by3 opinions

  1. Kress v. MarklineMississippi Supreme Court · 1917
  2. Payne v. RiversCourt of Appeals of Georgia · 1921
  3. Sea Food Co. v. AlvesMississippi Supreme Court · 1917

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